What is a trade dress application?
A trade dress registration protects the design, symbol, or trademark associated with a brand. A trade dress application must include designs and drawings, the associated services or goods, and a description. A product qualifies for this registration based on the distinctiveness and functionality of its trade dress.
How does trade dress work?
Trade dress is a type of trademark that refers to the image and overall appearance of a product. Trademarks protect brands and the goodwill associated with the brand. Trade dress can include customized boxes for your brand, product shape and color, and the look and feel of a restaurant or retail store.
How do I start a trade dress?
Trade dress – a trade dress must be something that is distinctive and connects the consumer to the product, i.e. the consumer instantly recognizes the source of the trade dress. Unlike a design patent, it cannot be functional in any way. Design features that have a function should be protected with a design patent.
Is trade dress a legal term?
Trade dress can be protected through common law rights. However, the Lanham Act also protects trade dress and allows it to be registered with the U.S. Patent and Trademark Office (USPTO) as a trademark. Trade dress must be both distinctive and nonfunctional. Most trade dress is protected without registration.
What is the difference between trademark and trade dress?
A trademark offers legal protection for a logo, symbol, phrase, word, name, or design used to show the manufacturer of a product. Trade dress protects all elements used to promote a specific service or product.
Do you need to register trade dress?
Trade dress must be both distinctive and nonfunctional. Most trade dress is protected without registration. Trade dress that is not inherently distinctive can be registered on the United States Supplemental Register. If an owner can show secondary meaning, it can be registered on the United States Principal Register.
Can trade dress generic?
The existence of a design patent may either help or hurt the assertion of trade dress rights. If, during the term of the patent monopoly, the design so dominates the market, it may become generic of the goods, or considered functional, and thus trade dress protection will not be available.
How long is trade dress protected?
A design patent will usually protect the product trade dress for a period of 15 years. This will provide the necessary time for the trade dress to develop secondary meaning without interference from competitors. The design patent application must be filed before the one-year “on sale” bar under 35 U.S.C. § 102(b).
Can trade dress be protected from infringement?
Most trade dress is protected without registration. To sue for infringement of trade dress, you must be able to articulate and prove that your trade dress is inherently distinctive, or has acquired secondary meaning, and that the junior use is likely to cause consumer confusion.
Can trade dress be protected?
Trade dress can be protected through common law rights. However, the Lanham Act also protects trade dress and allows it to be registered with the U.S. Patent and Trademark Office (USPTO) as a trademark. Generally, an application to register trade dress must include all the same content as a trademark application.